The Body Of Property

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Property in the Body

Author : Donna Dickenson
Publisher : Cambridge University Press
ISBN 13 : 1139462938
Total Pages : 19 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Property in the Body by : Donna Dickenson

Download or read book Property in the Body written by Donna Dickenson and published by Cambridge University Press. This book was released on 2007-04-19 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: New developments in biotechnology radically alter our relationship with our bodies. Body tissues can now be used for commercial purposes, while external objects, such as pacemakers, can become part of the body. Property in the Body: Feminist Perspectives transcends the everyday responses to such developments, suggesting that what we most fear is the feminisation of the body. We fear our bodies are becoming objects of property, turning us into things rather than persons. This book evaluates how well-grounded this fear is, and suggests innovative models of regulating what has been called 'the new Gold Rush' in human tissue. This is an up-to-date and wide-ranging synthesis of market developments in body tissue, bringing together bioethics, feminist theory and lessons from countries that have resisted commercialisation of the body, in a theoretically sophisticated and practically significant approach.

The Body as Property

Author : Sandra Jacobs
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0567010503
Total Pages : 280 pages
Book Rating : 4.5/5 (67 download)

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Book Synopsis The Body as Property by : Sandra Jacobs

Download or read book The Body as Property written by Sandra Jacobs and published by Bloomsbury Publishing USA. This book was released on 2014-04-24 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Body As Property indicates that physical disfigurement functioned in biblical law to verify legal property acquisition, when changes in the status of dependents were formalized. It is based on the reality the cuneiform script, in particular, was developed in Sumer and Mesopotamia for the purpose of record keeping: to provide legal proof of ownership where the inscription of a tablet evidenced the sale, or transfer, of property. Legitimate property acquisition was as important in biblical law, where physical disfigurements marked dependents, in a similar way that the veil or the head covering identified a wife or concubine in ancient Assyrian and Judean societies. This is primarily substantiated in the accounts of prescriptive disfigurements: namely circumcision and the piercing of a slave's ear, both of which were required only when a son, or slave, was acquired permanently. It is further argued that legal entitlement was relevant also to the punitive disfigurements recorded in Exodus 21:22-24, and Deuteronomy 25:11-12, where the physical violation of women was of concern solely as an infringement of male property rights.

Body Parts

Author : E. Richard Gold
Publisher : Georgetown University Press
ISBN 13 : 9780878406616
Total Pages : 242 pages
Book Rating : 4.4/5 (66 download)

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Book Synopsis Body Parts by : E. Richard Gold

Download or read book Body Parts written by E. Richard Gold and published by Georgetown University Press. This book was released on 1996 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Body Parts, E. Richard Gold examines whether the body and materials derived from it--such as human organs and DNA--should be thought of as market commodities and subject to property law. Analyzing a series of court decisions concerning property rights, Gold explores whether the language and assumptions of property law can help society determine who has rights to human biological materials. Gold observes that the commercial opportunities unleashed by advances in biotechnology present a challenge to the ways that society has traditionally valued the human body and human health. In a balanced discussion of both commercial and individual perspectives, Gold asserts the need to understand human biological materials within the context of human values, rather than economic interests. This perceptive book will be welcomed by scholars and other professionals engaged in questions regarding bioethics, applied ethics, the philosophy of value, and property and intellectual property rights. Given the international aspects of both intellectual property law and biotechnology, this book will be of interest throughout the world and especially valuable in common-law (most English-speaking) countries.

The Body of Property

Author : Chad Luck
Publisher : Fordham Univ Press
ISBN 13 : 0823263010
Total Pages : 312 pages
Book Rating : 4.8/5 (232 download)

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Book Synopsis The Body of Property by : Chad Luck

Download or read book The Body of Property written by Chad Luck and published by Fordham Univ Press. This book was released on 2014-09-15 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to own something? How does a thing become mine? Liberal philosophy since John Locke has championed the salutary effects of private property but has avoided the more difficult questions of property’s ontology. Chad Luck argues that antebellum American literature is obsessed with precisely these questions. Reading slave narratives, gothic romances, city-mystery novels, and a range of other property narratives, Luck unearths a wide-ranging literary effort to understand the nature of ownership, the phenomenology of possession. In these antebellum texts, ownership is not an abstract legal form but a lived relation, a dynamic of embodiment emerging within specific cultural spaces—a disputed frontier, a city agitated by class conflict. Luck challenges accounts that map property practice along a trajectory of abstraction and “virtualization.” The book also reorients recent Americanist work in emotion and affect by detailing a broader phenomenology of ownership, one extending beyond emotion to such sensory experiences as touch, taste, and vision. This productive blend of phenomenology and history uncovers deep-seated anxieties—and enthusiasms—about property across antebellum culture.

Self-Ownership, Property Rights, and the Human Body

Author : Muireann Quigley
Publisher : Cambridge University Press
ISBN 13 : 1108570461
Total Pages : 363 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Self-Ownership, Property Rights, and the Human Body by : Muireann Quigley

Download or read book Self-Ownership, Property Rights, and the Human Body written by Muireann Quigley and published by Cambridge University Press. This book was released on 2018-04-19 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: How ought the law to deal with novel challenges regarding the use and control of human biomaterials? As it stands the law is ill-equipped to deal with these. Quigley argues that advancing biotechnology means that the law must confront and move boundaries which it has constructed; in particular, those which delineate property from non-property in relation to biomaterials. Drawing together often disparate strands of property discourse, she offers a philosophical and legal re-analysis of the law in relation to property in the body and biomaterials. She advances a new defence, underpinned by self-ownership, of the position that persons ought to be seen as the prima facie holders of property rights in their separated biomaterials. This book will appeal to those interested in medical and property law, philosophy, bioethics, and health policy amongst others.

Law and the Human Body

Author : Rohan Hardcastle
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313574
Total Pages : 242 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Law and the Human Body by : Rohan Hardcastle

Download or read book Law and the Human Body written by Rohan Hardcastle and published by Bloomsbury Publishing. This book was released on 2007-09-18 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do you own your body? Advances in science and the development of genetic databases have added an aura of modern controversy to this long-standing and, as yet, unresolved problem. In particular, English law governing separated human tissue (including organs, DNA and cell-lines) is unsatisfactory. Despite the enactment of the Human Tissue Act 2004 UK, it remains uncertain what property rights living persons can claim over tissue separated from their bodies. The development of clear legal principles is necessary to protect the rights of individuals while also enabling the efficient use of such materials in medical research. Part I of Law and the Human Body traces the evolution of English, Australian, United States and Canadian law in relation to human tissue separated from living persons and dead bodies. This includes a comprehensive examination of the Human Tissue Act 2004 UK as well as prominent judicial decisions, including Re Organ Retention Group Litigation [2005] QB 506, Colavito v New York Organ Donor Network Inc 8 NY 3d 43 (NY CA 2006) and Washington University v Catalona 490 F 3d 667 (8th Cir 2007). Analysis demonstrates that, although property rights and non-proprietary interests in separated human tissue are recognised in limited circumstances, no principled basis has been accepted either at common law or by statute for the recognition of these rights and interests. Part II of this book develops and defends a principled basis in English law for the creation and legal recognition of property rights and non-proprietary interests in separated human tissue. Significantly, the analysis and principles presented in Law and the Human Body have application across common law and civil law jurisdictions worldwide.

The Body as Property

Author : Russell Scott
Publisher : Viking
ISBN 13 : 9780670177431
Total Pages : 292 pages
Book Rating : 4.1/5 (774 download)

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Book Synopsis The Body as Property by : Russell Scott

Download or read book The Body as Property written by Russell Scott and published by Viking. This book was released on 1981 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Oxford Handbook of Comparative Health Law

Author : David Orentlicher
Publisher : Oxford University Press
ISBN 13 : 0190846771
Total Pages : 1135 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis The Oxford Handbook of Comparative Health Law by : David Orentlicher

Download or read book The Oxford Handbook of Comparative Health Law written by David Orentlicher and published by Oxford University Press. This book was released on 2021-08-26 with total page 1135 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges today: how to protect against threats to public health that can quickly cross national borders, how to ensure access to affordable health care, and how to regulate the pharmaceutical industry, among many others. When matters of life and death literally hang in the balance, it is especially important for policymakers to get things right, and the making of policy can be greatly enhanced by learning from the successes and failures of approaches taken in other countries. Where there are "common challenges" in law and health, there is much to be gained from experiences elsewhere. Thus, for example, countries that suffered early from the COVID-19 pandemic provided valuable lessons about public health interventions for countries that were hit later. Accordingly, the Handbook considers key health law questions from a comparative perspective. In health law, common challenges are frequent. In addition to ones already mentioned, there are questions about addressing the social determinants of health (e.g., poverty and pollution), organizing health systems to optimize use of available resources, ensuring that physicians provide care of the highest quality, protecting patient privacy in a data-driven world, and properly balancing patient autonomy with the interest in preserving life when reproductive and end-of-life decisions are made. This Handbook's wide scope and comparative take on health law are particularly timely. Economic globalization has made it increasingly important for different countries to harmonize their legal rules. Students, practitioners, scholars, and policymakers need to understand how health laws vary across national boundaries and how reforms can ensure a convergence toward an optimal set of legal rules, or ensure that specific legal arrangements are needed in particular contexts. Indeed, comparative analysis has become essential for legal scholars, and The Oxford Handbook of Comparative Health Law is the only resource that provides such an analysis in health law.

Property in the Body

Author : Donna Dickenson
Publisher : Cambridge University Press
ISBN 13 : 1108211232
Total Pages : pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis Property in the Body by : Donna Dickenson

Download or read book Property in the Body written by Donna Dickenson and published by Cambridge University Press. This book was released on 2017-06-09 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in an era when all bodies are potentially 'feminised' by being rendered 'open-access' for biomedical research and clinical practice. Adopting a theoretically sophisticated and practical approach, Property in the Body: Feminist Perspectives rejects the notion that the sale of bodily tissue enhances the freedom of the individual through an increase in moral agency. Combining feminist theory and bioethics, it also addresses the omissions which are inherent in policy analysis and academic debate. For example, whilst women's tissue is particularly central to new biotechnologies, the requirement for female labour is largely ignored in subsequent evaluation. In its fully revised second edition, this book also considers how policies and developments vary between countries and within specific areas of biomedicine itself. Most importantly, it analyses the new and emerging technologies of this field whilst returning to the core questions and fears which are inextricably linked to the commercialisation of the body.

Law and the Human Body

Author : Rohan John Hardcastle
Publisher :
ISBN 13 : 9781474200592
Total Pages : 210 pages
Book Rating : 4.2/5 (5 download)

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Book Synopsis Law and the Human Body by : Rohan John Hardcastle

Download or read book Law and the Human Body written by Rohan John Hardcastle and published by . This book was released on 2007 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do you own your body? Advances in science and the development of genetic databases have added an aura of modern controversy to this long-standing and, as yet, unresolved problem. In particular, English law governing separated human tissue (including organs, DNA and cell-lines) is unsatisfactory. Despite the enactment of the Human Tissue Act 2004 UK, it remains uncertain what property rights living persons can claim over tissue separated from their bodies. The development of clear legal principles is necessary to protect the rights of individuals while also enabling the efficient use of such ma.

Life Liberty & the Defense of Dignity

Author : Leon Kass
Publisher : Encounter Books
ISBN 13 : 1594033900
Total Pages : 323 pages
Book Rating : 4.5/5 (94 download)

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Book Synopsis Life Liberty & the Defense of Dignity by : Leon Kass

Download or read book Life Liberty & the Defense of Dignity written by Leon Kass and published by Encounter Books. This book was released on 2002-10-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the onset of Life, Liberty and the Defense of Dignity, Leon Kass gives us a status report on where we stand today: “Human nature itself lies on the operating table, ready for alteration, for eugenic and psychic ‘enhancement,’ for wholesale redesign. In leading laboratories, academic and industrial, new creators are confidently amassing their powers and quietly honing their skills. For anyone who cares about preserving our humanity, the time has come for paying attention.” Trained as a medical doctor and biochemist, Dr. Kass has become one of our most provocative thinkers on bioethical issues. In Life, Liberty and the Defense of Dignity, he has written a book that grapples with the moral meaning of the new biomedical technologies now threatening to take us back to the future envisioned by Aldous Huxley in Brave New World. In a series of mediations on cloning, embryo research, the sale of organs, and the assault on mortality itself, Kass questions the wisdom of trying to break down the natural boundaries given us and to remake the human body into an instrument of our will. He also attempts to chart a course by which we might avoid the dehumanization of biotechnical “recreationism” without rejecting modern science or rejecting its genuine contributions to human welfare. Leon Kass writes profoundly about the limits of science and the limits of life, about what makes us human and gives us human dignity. Life, Liberty and the Defense of Dignity.

Introduction to Property Testing

Author : Oded Goldreich
Publisher : Cambridge University Press
ISBN 13 : 1107194059
Total Pages : 473 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Introduction to Property Testing by : Oded Goldreich

Download or read book Introduction to Property Testing written by Oded Goldreich and published by Cambridge University Press. This book was released on 2017-11-23 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: An extensive and authoritative introduction to property testing, the study of super-fast algorithms for the structural analysis of large quantities of data in order to determine global properties. This book can be used both as a reference book and a textbook, and includes numerous exercises.

Bioequity – Property and the Human Body

Author : Nils Hoppe
Publisher : Routledge
ISBN 13 : 1317174240
Total Pages : 181 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Bioequity – Property and the Human Body by : Nils Hoppe

Download or read book Bioequity – Property and the Human Body written by Nils Hoppe and published by Routledge. This book was released on 2016-04-15 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent scandals involving the use of human body parts have highlighted the need for legal clarification surrounding property law and the use of human tissue. This book advances the notion that the legal basis for dealing with this is already available in the law but has thus far neither been used nor discussed. Proposing an alternative approach to constructing entitlements in human tissue and resolving resulting property conflicts, a new methodology is also advanced for abstracting different concepts within the debate which enables comparison and distinction between different cases of entitlement and retention.

Mason and McCall Smith's Law and Medical Ethics

Author : Graeme T. Laurie
Publisher : Oxford University Press
ISBN 13 : 0198747519
Total Pages : 795 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Mason and McCall Smith's Law and Medical Ethics by : Graeme T. Laurie

Download or read book Mason and McCall Smith's Law and Medical Ethics written by Graeme T. Laurie and published by Oxford University Press. This book was released on 2016 with total page 795 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic textbook has provided students of medical law and ethics with a framework for exploring this fascinating subject for over 30 years. This book provides extensive coverage and insight into recent judicial decisions and statutory developments across the United Kingdom alongside the authors' own opinion on current debates and controversies to help you to formulate your own views and arguments. The tenth edition has evolved to reflect changes in the law and shifting ethical opinions. In setting the UK context, it continues to take a comparative approach, including reference to the Scottish position where relevant. A specific chapter on the European dimension in health care and the particular importance attached to this shift in influence from transatlantic jurisdictions to those of the EU is included. Mason & McCall Smith's Law & Medical Ethics is essential reading for any serious medical law student or practitioner. Book jacket.

Being Property Once Myself

Author : Joshua Bennett
Publisher : Harvard University Press
ISBN 13 : 0674980301
Total Pages : 225 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Being Property Once Myself by : Joshua Bennett

Download or read book Being Property Once Myself written by Joshua Bennett and published by Harvard University Press. This book was released on 2020-03-31 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: A prize-winning poet argues that blackness acts as the caesura between human and nonhuman, man and animal. Throughout US history, black people have been configured as sociolegal nonpersons, a subgenre of the human. Being Property Once Myself delves into the literary imagination and ethical concerns that have emerged from this experience. Each chapter tracks a specific animal figure—the rat, the cock, the mule, the dog, and the shark—in the works of black authors such as Richard Wright, Toni Morrison, Zora Neale Hurston, Jesmyn Ward, and Robert Hayden. The plantation, the wilderness, the kitchenette overrun with pests, the simultaneous valuation and sale of animals and enslaved people—all are sites made unforgettable by literature in which we find black and animal life in fraught proximity. Joshua Bennett argues that animal figures are deployed in these texts to assert a theory of black sociality and to combat dominant claims about the limits of personhood. Bennett also turns to the black radical tradition to challenge the pervasiveness of antiblackness in discourses surrounding the environment and animals. Being Property Once Myself is an incisive work of literary criticism and a close reading of undertheorized notions of dehumanization and the Anthropocene.

They Were Her Property

Author : Stephanie E. Jones-Rogers
Publisher : Yale University Press
ISBN 13 : 0300245106
Total Pages : 443 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis They Were Her Property by : Stephanie E. Jones-Rogers

Download or read book They Were Her Property written by Stephanie E. Jones-Rogers and published by Yale University Press. This book was released on 2019-02-19 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Los Angeles Times Book Prize in History: a bold and searing investigation into the role of white women in the American slave economy “Stunning.”—Rebecca Onion, Slate “Makes a vital contribution to our understanding of our past and present.”—Parul Sehgal, New York Times “Bracingly revisionist. . . . [A] startling corrective.”—Nicholas Guyatt, New York Review of Books Bridging women’s history, the history of the South, and African American history, this book makes a bold argument about the role of white women in American slavery. Historian Stephanie E. Jones-Rogers draws on a variety of sources to show that slave‑owning women were sophisticated economic actors who directly engaged in and benefited from the South’s slave market. Because women typically inherited more slaves than land, enslaved people were often their primary source of wealth. Not only did white women often refuse to cede ownership of their slaves to their husbands, they employed management techniques that were as effective and brutal as those used by slave‑owning men. White women actively participated in the slave market, profited from it, and used it for economic and social empowerment. By examining the economically entangled lives of enslaved people and slave‑owning women, Jones-Rogers presents a narrative that forces us to rethink the economics and social conventions of slaveholding America.

Being and Owning

Author : Jesse Wall
Publisher : Oxford University Press, USA
ISBN 13 : 0198727984
Total Pages : 257 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Being and Owning by : Jesse Wall

Download or read book Being and Owning written by Jesse Wall and published by Oxford University Press, USA. This book was released on 2015 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disputes over the use and storage of bodily material continue to arise but the law has no clear answer as to the legal status of bodily material. This book develops a way for the law to address disputes over the use and storage of bodily material that, contrary to the current trend, resists the application of property law.